In a published opinion issued on July 15, 2014, the Michigan Court of Appeals ruled that a security guard's access of a computer to provide an airline passenger information about a flight's departure did not meet the legal standard for "misconduct" sufficient to deny unemployment benefits after termination from employment. The employee was a privately [...]
Category: Labor and Employment Law
“Intentional Tort Exception” to Exclusive Remedy Provision of Workers Compensation Act Did Not Apply to Employee’s Claim of Injury by Allegedly Defective Machinery
Yesterday, the Michigan Supreme Court issued an order summarily reversing the published decision of the Court of Appeals in Thomai.v.MIBA Hydramechanica Corp., et al, 303 Mich. App. 196 (2013), a case in which the Court of Appeals allowed a circuit court suit to proceed against a manufacturer on the basis that the employee had sufficient basis to [...]
Workers’ Compensation Cases Must Be Heard and Adjudicated in “Locality” Where Injury Occurred
In Younkin v Zimmer et al, a 2-1 published opinion by the Court of Appeals, the Court affirmed a trial court's decision to issue a writ of mandamus requiring workers' compensation claims to be heard in the locality where the injury occurred in accordance with MCL 418.851.  The majority holds that the Michigan Legislature "limited the [...]
Workers’ Compensation Claimants Must Establish “Stokes” Evidence Even for Closed Period of Disability
In an unpublished opinion released yesterday (Tatar v. Ryder.OPN), the Court of Appeals affirmed the Michigan Compensation Appellate Commission’s decision to overturn a closed period award of workers' compensation benefits. The Commission ruled Plaintiff's failure to meet his burden of proof under Stokes, that he was unable to find jobs that remained within his qualifications and [...]
Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment
In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower's Protection Act (WPA) lawsuit filed by a former employee.  The plaintiff alleged he was terminated because of a call he placed [...]